Board of Adjustment

65 Stone Street City of Cocoa Cocoa, FL 32922 Meeting Agenda Board of Adjustment Wednesday, December 16, 2020 6:00 PM Cocoa City Council Chambers I. CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE II. APPROVAL OF AGENDA AND MINUTES: AGENDA: 21-27 Board of Adjustment Agenda for December 16, 2020 Attachments: BOA Short Agenda 12-16-20.pdf MINUTES: 21-26 Board of Adjustment Minutes from October 29, 2020 Attachments: BOA Minutes 10-29-2020 (Draft).pdf III: OLD BUSINESS: None IV: NEW BUSINESS: 21-29 Consideration of a Special Exception request from Appendix A, Zoning, Article XI, C-N, Neighborhood Commercial District. Section 11 (C)(1) “Any other use in keeping with the intent of the district” for a Recovery Residence. Attachments: BOA Application - SPX - 1139 Peachtree St.pdf Location Map.pdf Legal Ad Proof - Revised - BOA 12-16-20.pdf City of Cocoa Page 1 Printed on 12/14/2020 Board of Adjustment Meeting Agenda December 16, 2020 21-30 Consideration of a Special Exception request from Appendix A, Zoning, Article XI, Section 13 (C)(15) of the City of Cocoa Code to allow for a “drive through facilities” use in the CBD (Central Business District) zoning district. Attachments: Exhibit A - Development Agreement 12-9-20 Draft.pdf Exhibit B - Concept Plan (Final) 12-8-20.pdf Exhibit C - Building Elevations.pdf Exhibit D - Conceptual Landscape Plan 12-7-20.pdf Exhibit E - Traffic Impact Study.pdf Exhibit F - Special Exception Application (1).pdf Exhibit G - Special Exception Narrative (1).pdf Legal Ad Proof - Revised - BOA 12-16-20.pdf V. NEXT MEETING DATE: Wednesday, January 20, 2021 VI. ADJOURNMENT NOTICE TO THE PUBLIC: City of Cocoa Page 2 Printed on 12/14/2020 Board of Adjustment Meeting Agenda December 16, 2020 Public Participation and Special COVID-19 Information: Members of the public may view the meeting agenda, ordinances, project applications, supporting documents, and staff reports on the City’s website at the following link prior to attending or commenting: • City of Cocoa meeting calendar at https://cocoa.legistar.com/Calendar.aspx These documents and information pertaining to the above may also be inspected at the Community Services Department, between 9:00 a.m. and 5:00 p.m., Monday through Friday, or by phoning (321) 433-8535. Members of the public have several options to participate in the public hearings. (1) In-person attendance. Due to the COVID-19 Emergency and the need to maintain social distancing, meetings in the City Hall Council Chambers are limited to fifty (50) members in the audience at any one time. Members of the public may utilize the contact information provided below to contact the City Clerk and determine if restrictions on physical attendance at the City Council Chambers have been lifted prior to the date of the public hearings. (2) Commenting in advance of the meeting. Interested persons are encouraged to provide written comments in advance of the hearings by emailing meetings@cocoafl .org or mailing to the following address: City of Cocoa Attn: Dodie Selig, Planning and Zoning Manager 65 Stone Street Cocoa, FL 32922 Mailed comments must be received prior to 4:00 p.m. on the date of the hearing to be read into the record. (3) Viewing and Commenting In Real Time. Interested persons are encouraged to view and listen to the hearings live by accessing the meetings at the following internet address: • City of Cocoa meeting calendar at https://cocoa.legistar.com/Calendar.aspx Interested persons may submit their written comments or questions during the hearings by email at : meetings@cocoafl.org. Interested persons who wish to provide public input during the meeting will also be able to do so by accessing the e-comment link for this meeting using the Legistar calendar link above. Special Information for Quasi-Judicial Hearings: Any person that (1) can demonstrate that they may suffer special damages different in kind and degree from that of the general public at large; and (2) wishes to present factual or expert witnesses and/or evidence at a quasi-judicial hearing is highly encouraged to immediately contact Dodie Selig, Planning and Zoning Manager, at (321) 433-8510 or dselig@cocoafl.org, to make proper arrangements for presentation of witnesses and/or evidence. All witnesses must be identified and all evidentiary documents and exhibits that are intended to be distributed to the BOA must be submitted to Ms. Selig via email or mail prior to the hearing. General Notice Information: This is a public meeting. Interested parties are hereby advised that they may appear at said meeting and be heard. The facility wherein this public meeting will be held is accessible to the physically handicapped. In accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the City Clerk of the City of Cocoa, listed below, at least 48 hours prior to the meeting: Carie Shealy, City Clerk, 65 Stone Street, Cocoa, by telephone at (321) 433-8484 or via email at cshealy@cocoafl.org. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that if a person decides to appeal any decision made by the BOA with respect to any matter considered at its meeting City of Cocoa Page 3 Printed on 12/14/2020 Board of Adjustment Meeting Agenda December 16, 2020 or hearing, that person will need a record of the proceedings and for such purpose, affected persons may need to assure that a verbatim record of the proceedings is made, and such record shall include the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals otherwise not allowed by law. The BOA meeting may include the attendance of one (1) or more members of the Cocoa City Council who may or may not participate in the Board discussions held at this public hearing. The BOA and City Council reserve the right to continue or postpone hearings to a date certain without re-advertising. City of Cocoa Page 4 Printed on 12/14/2020